February Minutes: Better Late Than Never!

Special Meeting of the Board of Directors, 6:00 p.m., February 13, 2023

Wade Cornelius, president, called the meeting to order at 6:08 p.m. He asked whether anyone needed an agenda, but Secretary Beth Morgan indicated that she did not have any extras nor even one for herself. The meeting was attended by 11 people, including the president and secretary. Also attending were Mark Sechrist, Henry Torres, Randell Mellor, Karen Cornelius, board member Patrick Stafford, Treasurer Rob Campion, Claire Baumgartner, Tiffany Santos, and Marty Howell, engineer, of Souder, Miller, and Associates, who joined them after the meeting had been under way for some time.

The secretary was able to recap the minutes of the previous meeting, held August 29, 2022. It had been attended by 18 people, largely interested in whether the association would be installing new meters. Because of the COVID-19 pandemic, the secretary noted, few meetings have been held, and the minutes had been reviewed by the board prior to the meeting so that they could be distributed to members. At that meeting, water system Operator Henry Torres had not been present, but Stafford, standing in for him, noted that the only topic of discussion was the potential for new water meters. The treasurer had noted that we had some $25,000 in the bank, the highest balance ever recorded. Generally, when our balance is high, the president noted, we end up with a repair to pay for.

After these reports were covered at the August meeting, the president updated the membership on the theft of checks belonging to the association, which he had stored at his father’s accounting office in Las Cruces, a building with bars on the windows. Some $20,000 worth of office equipment and a handful of the association’s checks were taken. Over a period of several months, someone attempted to pass several checks. The bank caught this fraudulent activity right away, and the Las Cruces Police Department was also involved in attempting to apprehend the individuals responsible, the main reason the board felt the issue did not warrant alarm.

Additionally, the president closed the original account and opened a new one to ensure member funds would be safe. In the meantime, however, he was accused of embezzling. Cornelius had invited the detective overseeing the case to the water association meeting but he had not been able to attend. Several members had expressed the opinion that the board had failed to report to the membership in a timely manner, had chosen the wrong method to inform them, and had, in essence, failed to be transparent. Cornelius reassured them, enumerating the steps taken to resolve the matter. Regarding the water meters, he noted that they had been discussed for inclusion in the ongoing water system improvement project all along.

The benefit of having individual meters is that it allows one to monitor whether there is a water leak on an individual property. At that time, members were not very interested in the installation of new meters. The association currently charges a flat fee, and at that meeting, it was learned that many association members did not even know that they had meters. Most members, it appeared, do not want to pay based on actual usage, especially those individuals who use a great deal more water than their neighbors, the secretary noted, for example, Morris Williams, who is creating a “lake” on his property, and the rancher who is living in the former Melvin residence and watering livestock. However, the board had considered installing new meters throughout the process of planning the current improvements funded by Colonias Infrastructure Board and Capital Outlay funds. Several types of meters were discussed, what they might cost, and whether we would have to pay our water operator additional funds to read them. Morgan said the various types of meters could cost about $300 per meter for plain, largely brass mechanical meters, totalling $5,000 to $6,000, up to $23,000, a figure mentioned by Souder, Miller, and Associates. Howell later indicated that it would more likely cost around $17,000. Morgan stated that no decision had been made at the August meeting regarding whether new meters would be installed.

The board had also met with A Mountain, the contractor installing the new pipes and other improvements to the water system, in August. The secretary noted that they are more experienced in roadwork than in installing water and sewer lines, and that they had estimated they could improve our road for a cost of from $100,000 to $200,000. Morgan said that the association has $323,000 in Capital Outlay funds left to complete the current project. It had had $33,000 left in Colonias funds, as well, but the deadline for its use had passed, and it no longer has access to it. The board had discussed improving the building by repairing the roof and possibly sheathing the building, as well.

The secretary also noted that elections had been discussed in August, and that when Campion had looked it up and on his computer, he determined that our terms are supposed to be for four years. However, when Morgan was originally elected, because no meetings or elections had been held for several years, people drew straws to determine the length of their terms, as they have to be staggered. She said we might need to look at minutes from the 2015 meeting in which she was elected to determine how long other individuals’ terms had been and therefore, when they needed to be replaced. The concensus was that the three terms for which lots had been drawn had been for two, three, and four years. The secretary then stated that the August meeting had adjourned at 7:39 p.m. Stafford made a motion to accept the minutes, and it was seconded by Campion. The motion passed, and the board moved ahead in its agenda.

The water operator, Henry Torres, noted that the electrician still has to install floats with an associated alarm. He said, “they keep asking me what I want in the pump house.” We had talked about this in the past, but nothing was decided. Then, he had been approached again. “We need to cover up the well,” he said. They told him the “hotbox” was very expensive. The wiring required as a result of the pump and motor burning out recently is almost finished. That has pretty much been rehabbed, already. Morgan then asked, “So, when we talk about the well controls — then, they have been replaced and rewired?” Torres answered in the affirmative. “Lovely,” Morgan said, this having been something she has harped on for years. He listed the skid with the variable speed pumps as having new wiring, the well has new wiring to the control box, and the control box is new. He had also identified the lightning suppressors and other equipment remain to be completed.

The president then asked the name of the gentleman who had been so difficult regarding the billing for his work. Chavez, Torres noted, was the individual who was originally intended to replace the pump and motor that had burned out, but he did not want to be paid by A Mountain; he wanted to work directly with the association. He was told that because the funds are being provided through a grant, he had to submit his paperwork to A Mountain. Cornelius told A Mountain to try to accommodate him. Unfortunately, he was not happy with the method they chose. The president then tried to get Chavez to accept someone who could help him with the paperwork. He did not like that method either, so after discussing it with Souder, Miller, and Associates, Cornelius said he had to do the paperwork in order for it to be paid by the grant. He finally threw up his hands, and the association had to select another company, G and G, to get the pump in the ground. Cornelius said Chavez had delayed matters twice, balking at the paperwork. Part of it was a tax issue and part of it was Chavez’ suspicion that A-Mountain would mark up the price. He agreed to the conditions and then reneged on what he had agreed to.

Torres said that a float still needs to be installed, as well as an auxilliary output box to run the chlorinator. He is currently doing that manually. At that, Baumgartner asked, “that’s why we can smell it pretty strong sometimes? … But it’s never at a toxic level?” to which Torres responded in the negative. He runs it for an hour, then unplugs it.

The president thanked Torres for his efforts in coordinating with A Mountain and the electricians, and suggested moving on to the treasurer’s report.

The treasurer said we now have a balance of $30,046; one member is behind in bill payment of about $600, but only $200 of that was within the last 60 days. He has been notifying those who are behind in paying their water bills, and a couple of others are behind about $200 just beyond 30 days, and $200 still within 30 days. “…For the most part, everybody got right, there at the end of the year,” Campion said. Some folks had received written reminders or phone calls that they needed to pay off balances, but most were very responsive, he said. The first payment of $722 to the New Mexico Finance Administration had come out. Morgan said she was under the impression that no loan payments were supposed to come out until a year after the project was completed. Cornelius noted they had already begun taking the payments, which he said were for what he saw as the “first phase” of the project, for which Morgan noted we had not had a loan, if he was referring to our original assessment of the system funded by a straight $50,000 grant. The $722, he said, was for the year, which he has set up to come out automatically. However, he noted that he would ask for clarification of the repayment schedule. He was assured that the electric bill has been set up for automatic withdrawal and is coming out regularly.

Sechrist asked how much the electric bill is costing, to which Campion responded $121.42; the previous month it was $216. He said it peaks in the summer when everyone is watering. Morgan asked for a copy of the treasurer’s report via email. Campion said he could provide it. He then encouraged folks not paying online to do so. He said it works very well.

As Souder, Miller, and Associates representative Marty Howell had yet to arrive, the president said we could entertain information on the annual Open Meetings Act resolution. He invited Morgan explain it. She noted she brought only the one copy to be signed and that we do it ever year, as required by law. “Because we are a tiny little division of state government, we have to have public meetings. What that means is that any decision made by the board must take place in a public meeting that has been duly announced—and we do that all the time, on Facebook and on our website. Those are the two places that you can go to get information. If you want a copy of the minutes, they are posted there.” She noted that regular meetings req uire 10 days notice, which we publish first on Facebook, and she tries to have agendas prepared and in people’s mail boxes 10 days ahead of time, as well. Special meetings, such as this one, require three days notice, and emergency meetings require 24-hour notice, which she said would probably be accomplished via e-mail, phone, and Facebook.

This, she said, should be Resolution 20, unless she had miscounted. The Colonias grant resolution, she said, was No, 19. She said that there is a page that needs to be signed by the board members, to which the seal must be affixed. Campion made the motion to approve the resolution, seconded by Stafford, which passed unanimously.

Souder-Miller representative Marty Howell arrived at this time and was invited to talk about various items that could still be improved with the $323,000 remaining to us in Capital Outlay monies. He had gotten an estimate from the contractors for a hotbox to protect the wellhead for $15,000, which Souder-Miller representatives thought was quite expensive. He noted that the estimates from the contractors may be three or four months old, so they may not be completely accurate.

Other potential improvements included:

· Foam panel insulation, $3,000

· Window AC (mini-split) unit for cooling variable frequency drives, $4,500

· Weatherproofing, $4,000

· Doorstop, $6,000

This latter drew much comment, with more than one individual saying they could make a doorstop for far less than that.

Meter replacement Souder-Miller had estimated at $17,000, which was based on the cost for AMR meters, where the meters could be sensed from the road for reading—meters only. Stafford said, “…Those were the expensive meters, right? The wireless. And that was $17,000?” The president indicated that Hayden Randall had said that would be for all the meters in the system.

A fire-pump, a higher capacity pump that could produce enough flow so that you could put out a fire, was estimated at $200,000.

A mechanical tank-level indicator would cost $10,000, Howell stated, which he said would be for one that would have a light that indicates the tank is nearing empty. Torres then indicated that our float works but is currently not available until the electrician puts in another component to allow use of an auxiliary outlet that would allow it to be fully functional. Howell said he assumed the $10,000 figure was probably for one that has a light on it, to indicate when the tank is nearing empty. He also mentioned that to have someone come in and inspect the tank with a diver would cost $5,000. If we were to do that, the Drinking Water Bureau would require us to put in another manhole. Howell said no one local does this and explained in answer to questions that this could not be done with a mini-submarine because they also vacuum up any sediment that has collected.

· Chip seal on Santana Road, $4,200

· $10,000 to mobilize and demobilize

· $49,000 to do Santana Road

· $127,000 to do Vista del Rey

· Total: $187,000 [sic]

· The entire subdivision, with prime coating was $280,000, or without, $264,000

The prime seal is something that is put down after the asphalt to keep it from breaking up.

Morgan verified something Howell said earlier, noting that we actually have only $255,000 remaining, not the entire $323,000 from Capital Outlay. That said, she posed two questions. There was a list that we received that mentioned snake or pest screens. These are supposed to be inside the air-relief valves. That cost was not yet determined.

Howell estimated $2,000 to provide them. The other question was perhaps more a question for the water operator. She remembered him mentioning that High Valley Farms might have float equipment we could use, but Torres said that Lower Rio Grande Public Water Works Authority, which now owns the High Valley Farms system, would have taken the surplus parts. Torres said he would have preferred an ultrasonic system that would read the water level from the top. Torres later remembered there was a target float made of stainless steel, but it would have required us to weld a rail on top.

However, eventually, Howell and Torres recalled that an alarm was currently being installed as part of the work on the well, so, perhaps it will not have the light, but we will have an alarm marking either a high or low level in the well.

Howell said that he thought the only costs actually estimated by A-Mountain was the hotbox; the others were by Hayden Randall, attempting to be conservative by estimating they would cost more than they probably will.

The president noted that the first thing we could mark off the list is the fire pump. Campion said the building improvements sound doable, but he wanted to know whether we should use the remaining money on the water system and well house, or whether we should be talking about the roads. The consensus of those present was that the system should be our priority. As our tank only holds 10,000 gallons, Stafford suggested that the estimate for the fire-pump was moot. Howell responded that that is why it was not recommended in the first place.

There was then a discussion about whether the meters being considered were the “Cadillac” model, but we had heard from Torres that the more expensive meters installed in his neighborhood had to be replaced within a few months. He recommended continuing to use the older, mechanical, brass meters that cost about $350 each. This would result in a total of only a few thousand dollars, which the association might be able to take out of its own budget.

Next, the potential for acquiring another tank was discussed. A cost of $100,000 was mentioned in the past, but Howell seemed to think the association could acquire a used one for less. He said he had never installed a tank as small as ours, so he really didn’t know. D&R in Farmington sometimes gets used ones which, for some reason, were determined not to be ideal for certain systems. If it had to be built from scratch, it would be more. Howell vowed to do some checking.

Water softening and a pipe stand for a pipe inside the well house, already in existence, were discussed. The pipe stand is not anchored and needs to be stabilized, Torres said. Also, a Plexiglas shield to prevent water from getting into the skid and the control panels could be installed to protect them, the water operator said. He also brought up the need for additional lighting inside and outside the well house. Baumgartner inquired about a posting on the corner of Vista del Rey and Santana Road. As it had to do with water quality, she said, shouldn’t we be monitoring water quality? We are [and we do regularly, as it is required by the state]. Torres noted that the posting is more about what to do in case of emergency, and primarily is more relevant to much larger systems than ours. It was actually posted by a board member, but Torres indicated that it is more a matter of paper work than anything relating to our system in particular.

The president then clarified that the

· Window unit we can do ourselves

· Meter replacement we can do ourselves

· Door stop we can do ourselves

· Fire pump is out

· Roads are out

· Hotbox we can do ourselves

· Tank level indicator is already being taken care of

· Pest screens we can do ourselves—these are at air-relief valves

· Plexiglas shield and lighting we can do ourselves

· Weatherproofing the building (probably could not do ourselves)

He reiterated that Howell could concentrate on getting a cost for a potentially used tank and a cost for spraying the building with weatherproof foam. Howell asked whether he should get actual costs for the things we might be able to do ourselves, which most of the board agreed would not be comparable (based on the estimate for the hotbox).

Sechrist inquired about removing the road grader which has not been used for some time. The property owner did complain about A-Mountain’s grader sitting on his property. The road grader is on his property as well. No decision was made about removing it.

The fence was determined to be adequate. Torres said he wasn’t sure where the property line is for the well house, but it was said that we only own the property within the fenced area and the road is authorized access.

Cornelius asked whether the items we have listed, a new tank, and weather proofing the building would come close to hitting the the amount of money we have. Howell said, if we decide to put in a new tank, it will require some design work by Souder-Miller, adding that if we had money left over after we determine what the tank will cost, we may be able to go to A-Mountain and say, “We have this much left over. What can you do for that much?” Randy Mellor wondered whether we should pave Santana from Arapaho Road to the first cattle guard, which others agreed might be desirable. Howell also said that A-Mountain seems more energetic about seeing to our project than they did in the beginning and probably would have no issues with a partial road project. He seemed to think we should get costs from A-Mountain within a week, and depending on whether a used tank is available, he will have to come up with costs for design work himself.

In a return to discussion of the recent electrical work, Howell said that four years is not a long life for a pump, and that it seemed that the problem for that did indeed lie in the well controls. “Well, my hope is that actually the electrical work that they are charging is going to solve your well problems,” and in this case, they are putting in new electrical controls. He said it seems like the source of the four-year life of the pump was due to the continuing problem of the electrical controls. Torres noted that Mr. Chavez was offering to do the same work for $8,000, but that did not include any electrical work. Whether a second well would be cheaper than another tank was asked. Torres said this was not feasible, and that with the interconnection with High Valley Farms, we have, in essence, three wells up here. The property must be acquired first. Then, Howell noted the bid for High Valley Farms to drill a new well was $369,000. Souder-Miller’s estimate was $372,000.

The president asked whether building repair, lighting, Plexiglas, a potential additional tank, and then, and possibly the road, included everything on the list. Torres was asked whether there were anything else for which we should acquire spares, and he said no.

Morgan inserted a comment, probably from Josh Smith, that one does not just build a system and say, “Okay. We’re done.” She said a water system requires maintenance and vigilance, and looking toward the future so that one could head off some problems. “And that’s why we’re doing all this.” She said it probably means that sometime in the future, we might be looking for funding again, but hopefully, she said, not any time right away.

Howell then continued that he needed to get costs for building lighting, to anchor and tie in the wiggly pipe, Plexiglas to shield sensitive controls in case it leaks again, cost for an additional tank, cost to spray foam the roof and/or the entire well house, “and, then, do you want a cost for the cheap meters?” To which the president answered in the afirmative. Torres asked whether the stabilization of the pipe was required in Souder-Miller’s guidelines for what constitutes a completed project, to which Howell noted he thought so. Torres also inquired whether he should ask Lower Rio Grande if they have a tank that might work for our purposes and wondered why Valle del Rio got “so much attention.” They got a new tank and pipes and a completely new road on Hwy. 28.

Howell noted that this subdivision had gotten a Drinking Water Revolving Loan fund and grant. Torres wondered if we could do something like that. Howell noted that we could, but it was a 50 percent loan [which might place the cost out of our reach]. The water operator was encouraged to find out if LRGPWWA has a tank that would work for us. Other systems are acquiring backup generators, for times when the power goes out. Cornelius wanted a price on a generator just to know what it is. Stafford said it would have to be either propane or diesel in our area. There would be a cost, of course, for having a 3-phase interconnection for a generator.

Costs for foam panel insulation and weatherproofing will also be sought, Howell concluded. The president then asked whether there were any other questions for Howell, and getting none, he thanked him for coming.

We have proposed dates, the president continued, for future meetings. Morgan read the proposed dates for these, noting that normally, the board would meet every three months. The association began the year’s meeting schedule late and no regular meetings had yet been scheduled. Generally, an annual meeting takes place in January. As the dates had all been pushed forward, she suggested March 6 or April 3, for the annual membership meeting, which usually includes a potluck and sometimes an election. [since the February meeting, the actual meeting date for the annual meeting, potluck, and election, was moved to April 5, as Morgan was not expected to be in town.] She said the remaining meetings could go back to a more typical schedule. June 5, Sept. 4, and Dec. 4, all at 6 p.m. on Mondays, as that is most convenient for the current president, and someone noted that Sept. 4 is Labor Day. Some folks expressed a preference for the April date for the annual membership meeting, which association member Karen Cornelius noted was close to the time her ex-husband-to-be is expecting a child. She noted that he would not want to miss the birth of his child. [Meetings havew since been moved to 6:30 p.m. Additionally, it appears that Ms. Cornelius was bringing up personal matters not germane to the discussion of meeting times. This is noted in the minutes, as it aids in documenting an instance of harrassment, not only of her ex-husband-to-be, but of the board.]

The president then brought up the meeting time of the annual membership meeting, which Morgan said is basically the same as the meeting in which we will hold elections. Campion wanted to know the plan for the election. Morgan stated that according to our bylaws, we cannot retire more than two board members at a time. We have had one board vacancy, which we tried to fill a couple of times, and then the COVID pandemic hit. As the association has had few in-person meetings during that time, the open position was allowed to remain unfilled. The board has the right to appoint someone to that position, but two board members are intended to be elected. The board members then decide who will serve in what position among them.

So the President said we would go back to the records and check to see whose positions appear to be up first. [Board Member Patrick Stafford searched the records, then provided them to Morgan, which indicated that Cornelius and Morgan are the two board members up for re-election.]

Karen Cornelius then asked what the process for amending the bylaws is, as she thought the association should not allow individuals who no longer live in the area and use the water system to serve as board members. She apparently was referring to her ex-husband-to-be, as he no longer lives within the Vista del Rey Estates subdivision, but is completing a term as president. It was noted that a change to the bylaws must be proposed and voted on prior to it taking effect, which seemed to Morgan kind of last minute, as the next meeting is supposed to be for holding elections. Morgan also noted that the point of the change in the bylaws could be moot, as her husband’s term may be up. As members get to nominate and vote on board members, whether an individual not living here is elected is up to them.

The next topic of discussion was property owner Morris Williams proposed “lake.” He has been invited by the board to come and make a presentation, to which he has made no response. Baumgartner noted that he had been notified there were nuisance issues in the neighborhood from Williams’ activities, including noise, unsightliness, and blowing soil. He had, she said, been called down for that. Baumgartner mentioned Williams’ program for teaching “prisoners” how to use heavy equipment. She noted that he had been ”turned in” for his digging and leaving a mess and the noise problem. She said he thought it was all Baumgartner’s issue and that he had frightened her daughter, thinking that he was chasing down the president of the HOA (Baumgartner herself).

It is technically the responsibility of the realtor to make new VDRE property owners aware that there are covenants. Stafford noted that he had proposed when we were starting the HOA that the president of the HOA was to take it upon him- or herself to inform new property owners of the covenants—especially if the realtors do not do it. This led into a discussion of the arroyo on the south side of Williams property silting in, which caused runoff to back up to the east, which is now spreading out and crossing the road in front of Wohlfert’s property.

Some of the urgency to hear Williams’ plans had evaporated, as Morgan had seen his property listed for sale. Several association members disputed that, and others looking it up did not find a listing.

The president adjourned the meeting at 7:51 p.m.